Burglary (& aggravated) Flashcards
Section 9 of the Theft Act, 1968
(1) A person is guilty of burglary if—
a. he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
b. having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2)The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm, and of doing unlawful damage to the building or anything therein.
9 (1) (a) Burglary
This section focuses on circumstances where a person has entered a building or premises with an intent to commit an offence. This is proved through the following:
The intent to steal things inside the building.
The intent to inflict grievous bodily harm on a person therein.
The intent to cause unlawful damage therein.
If a suspect is arrested after the burglary has occurred and no offence inside the property is apparent (for instance there is no stolen property) then this would be charged as a 9 (1) (a) burglary.
9 (1) (b) Burglary
The second part of the law is Section 9 (1) (b). This section focuses on circumstances where a person has entered as a trespasser and has either stolen or committed grievous bodily harm or both. This law will be applied whether or not the trespasser intended to cause harm when they entered.
In section 9(1)(b), a person is guilty of burglary if they steal (or attempt to steal) anything in the building or inflict (or attempt to inflict) grievous bodily harm on any person inside the building.
What are the points to prove for burglary?
The building or a part of it has been entered.
The person who entered is considered a trespasser.
The trespasser entered with the intent to steal, inflict grievous bodily harm (GBH) or commit criminal damage.
‘Enters’
Entry maintains its definition of ‘goes / going into’. If there has been no entry, there is no burglary.
Entry is complete when an offender’s body, or even a part thereof, has entered. A person using an implement to retrieve an item is still considered burglary. The implement will be considered an extension of the person’s body.
Note that an implement being used to gain entry would not be sufficient, for example a jemmy inserted into the window frame in order to open it.
A person who uses a child, under the age of criminal responsibility, to enter a building and steal is regarded as himself entering the building and therefore committing the offence of burglary. The child will not be liable for the offence.
‘Building’
For a structure to be considered a building, the structure must have a degree of permanence. This will include factories, sheds, greenhouses, studios and garages. Tents and marquees fall outside of this definition; even if they are being used as someone’s home they are still not buildings.
Vehicles or vessels that are used as dwellings are also buildings. This is maintained even if the vehicles or vessels are vacant.
When a vehicle or vessel is no longer in use as a dwelling burglary can no longer be committed in it. Burglary of vehicles or vessels is rare, but you should be prepared. If you are in doubt, then consult the Crown Prosecution Service.
What is a trespasser?
A person is regarded as a trespasser if they enter a building or part of a building without the permission of the owner. They may trespass:
Intentionally – which includes deceiving the owner or occupier into providing access.
Recklessly – where there is an obvious risk that they may be trespassing, but this is ignored.
In excess of the invitation of the owner/occupier – this might occur when a person is allowed entry to a particular room or section but visits other areas without the permission of the owner.
Punishment for burglary
Burglary is an offence that can be tried in the Magistrates Court or the Crown Court. The punishment is set out in section 9 (3) Theft Act 1968.
The act states the following:
A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding 14 years, where the offence was committed in respect of a building or part of a building which is a dwelling.
In any other case, ten years.
At the magistrates’ court (Summary Trial) the maximum sentence is six months and / or a fine. The reference to ten years refers to a case at the Crown Court if the burglary is in a non-dwelling (e.g. a factory)
The three-strike rule
Punishment for residential burglary is usually more severe than commercial burglary, and it’s considered a much more serious offence. This type of burglary will carry a mandatory sentence if an accused is convicted multiple times. Imprisonment will be for a minimum of three years upon the third conviction for the burglary of a residential dwelling. This is known informally as the ‘Three strike rule’.
What is aggravated burglary (basically)?
At a basic level it involves committing any burglary whilst having with them a weapon of offence, firearm, imitation firearm or explosives. It carries a maximum sentence of life imprisonment.
What legislation covers aggravated burglary?
Section 10 The Theft Act 1968
Section 10 The Theft Act 1968(1)
(1) A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose–
“firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and
“weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and
“explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.
(2) A person guilty of aggravated burglary shall on conviction on indictment be liable to imprisonment for life.
Referring to aggravated burglary, the point at which the offence is committed varies with the type of burglary. Which point is this for 9a and 9b burglarys?
For Section 9 1(A) burglary the aggravated burglary offence is committed as soon as you enter a building with intent and you possess one of the articles stipulated in Section 10 (1).
For a Section 9 1(B) burglary the aggravated burglary offence is complete when the person actually commits the theft or assaults a person, with or without the weapon, causing grievous bodily harm (GBH) or attempts to do so.
The offence is complete when the burglar has a weapon, firearm or imitation firearm or explosive ‘with him’ whilst committing the burglary, the item does not have to be used.
W.I.F.E
To help you remember the contents of this offence we’ve used the mnemonic ‘W.I.F.E’:
Weapons of offence.
Imitation firearm.
Firearm.
Explosive.
